TERMS AND CONDITIONS OF USE

These Terms and Conditions of Use for the Brazil Fund’s Website (https://www.fundobrasil.org.br/) (henceforth “Term” or “Terms”) are celebrated between FUNDO BRASIL DE DIREITOS HUMANOS, based in the city of São Paulo, inscribed in CNPJ/ME with the number 07.922.437/0001-21, (henceforth “Brazil Fund” or “Us”) and the users of its Site (henceforth known as “Users”).

THIS TERM CONSTITUTES A VALID, EFFECTIVE AND BINDING CONTRACT, BETWEEN THE USERS AND THE BRAZIL FUND. BEFORE UTILIZING THE SITE, READ THIS DOCUMENT ATTENTIVELY. IN OPTING TO ACCESS THE SITE, YOU CONFIRM TO HAVE READ, UNDERSTOOD AND ACCEPTED ALL THE CONDITIONS BELOW. SHOULD YOU DISAGREE WITH ANY OF THE CONDITIONS BELOW, YOU MUST IMMEDIATELY DISCONTINUE USE OF THE SITE.

1. SITE CONTENT
   1.1. The Brazil Fund is an independent, non-profit foundation, with the innovative proposal of building sustainable mechanisms to channel resources meant for human rights defenders. The foundation bolsters the activities of people and non-governmental organizations geared towards the defense of human rights in the country. It does that through a model of project support that stimulates social investment and develops national philanthropy aimed towards social justice.

1.2. Through the Site it’s possible to obtain information about the history of the Brazil Fund, its Instituters, members of the Executive Office and the Board of Directors, as well as the updated numbers on the foundation’s actions, highlighting the sums granted to human rights organizations and the amount of funded projects. Moreover, the Site also provides the User with information about these projects, initiatives of capacitation and networking for organizations and human rights defenders, calls for proposals of new projects and means to seek emergency grants granted by the foundation.

1.3. The Brazil Fund shall apply its best efforts so that all Users have the best possible experience in using the Site, including with regards to support to complaints and requests submitted by the Users.

2. DONATIONS
   2.1. The Brazil Fund conducts fundraising activities among individuals with the intent to support campaigns that involve the defense of human rights. The Users, through the Site, will be able to make single or recurring (charged monthly) donations to the campaign active in the Site at the moment of access.

2.2. For the donation to be realized and actualized, the User will have to fill out a form and provide, explicitly and voluntarily, some personal information, such as full name, email, phone number, birth date, sex, CPF, full address (street, number, additional data, neighborhood, city, State and Postal Code) and the means of donation (bank bill, credit card or PIX). For further information on how the Brazil Fund treats your personal information, access our Privacy Policy.

2.3. The personal information of donating Users will remain confidential and may only be used by authorized personnel to conduct the processing of donations, keep the donor informed of our projects and activities, and for the correction of registration data, if necessary. Moreover, the User will have access to a “Donor Portal” in which they may check their donations, registration data and bulletins about the Brazil Fund.

2.4. Every donation is a spontaneous and voluntary gesture, able to be canceled at any moment by the User with no consequence through contact with our relations team, through the [email protected] email with the subject of the message as “Donation Cancellation”. To ease service, the User must inform in the body of the email their full name, CPF, email and phone number, that were informed at the moment of registration.

3. USERS’ LIABILITY
   3.1. The information provided by the Users must be true and correct and it’s their exclusive liability, including in cases of discrimination, third party damages, legal violations, undue use or unauthorized sharing of material pulled from the Site. The User takes full civil and criminal responsibility for the veracity of information granted to the Brazil Fund.

3.2. The Users may not use any hardware device, software, or other resource that may come to interfere with the Brazil Fund’s systems or databases. Should any kind of fraud, artifice or other manner of scam in the utilization of the Site be detected, we may temporarily or definitively halt access for the User responsible or in any way involved.

3.3. The User will be liable to compensate the Brazil Fund, its employees, suppliers and/or any third parties for direct, indirect and moral damages and/or loss of profits, caused by or related to undue use of the Site.

4. INTELLECTUAL PROPERTY
   4.1. All material published in our Site is under the Creative Commons CC.BY.4.0 license (https:// creativecommons.org/licenses/by/4.0/) and may be reproduced without previous authorization from the Brazil Fund, provided the original source is cited including the author of the text or picture when is the case. Derivative works must also be licensed in CC.BY.4.0
5. LIMITATIONS OF LIABILITY FOR THE BRAZIL FUND
   5.1. On the maximum extension allowed by the applicable law, in no cases will the Brazil Fund be liable for any indirect, special, incidental, consequential or exemplary damages arising from, or in any way referring to this Term, the provision of services or impossibility of using the functionalities of the Site, even if the User had been informed of that possibility. The full responsibility of the Brazil Fund, as well as the only alternative for the User under any disposition of this Term, must only be the rescission of this Term. Should the limitation above not be applicable for any reason, the responsibility of the Brazil Fund will be limited to the maximum extension allowed by the law.
6. MODIFICATIONS TO THESE TERMS
   6.1. The Brazil Fund may, at any moment, alter the conditions of the current Term, aiming to improve it and the services rendered. New conditions will come into force after their publication on the Brazil Fund Site, wherein must be included a brief notice on the existence of alterations. The User will be responsible for the revision of this Term to verify the incorporation of changes.
7. THIRD PARTY WEBSITES
   7.1. The Site may provide links to other websites on the Internet or in other resources, as a mere convenience to the User. Since the Brazil Fund has no control over such sites or external resources, the User acknowledges and agrees that the Brazil Fund is not liable for their availability and doesn’t endorse or take responsibility for any content, advertisement, product, service or other material contained or provided through said sites or resources. In this sense, we suggest the User informs themself about the terms and conditions of use and privacy policies of third party websites before providing any kind of information.
8. PRIVACY POLICY
   8.1. The Brazil Fund acknowledges, in the terms of the Privacy Policy and the applicable law, the confidentiality and security of information provided by the User, striving to safekeep its secrecy, save for rule of law or court order.
9. GENERAL DISPOSITIONS
   9.1. This Term constitutes wholesale agreement between the User and the Brazil Fund and substitutes all previous agreements and understandings, be they spoken or written, with regards to the object of this document. Should any part of this Term be considered void, unenforceable or invalid, that will not affect other dispositions. Failure on any of the Parts to apply any disposition of this Term will not be considered a renouncement to the future execution of said or any other disposition. The User will not be allowed to assign this Term, or any other right or obligation, without previous written consent from the Brazil Fund. The Term will be binding and in benefit of the Parts and their respective successors and assignees. No person or entity, beyond the Parts, will have the right to enforce or seek the execution of this Term. Nothing in this Term will be considered or interpreted as the creation of a partnership, joint venture or any similar relationship between the Parts. This Term will be ruled by the laws of the Federative Republic of Brazil. Any controversy related to this Term will be submitted to the court of the District of the Capital of the State of São Paulo with exclusion of any other, as privileged as it may be.

To clear out any doubts, Users may contact the Brazil Fund through the following email: [email protected].

This Term of Use was modified for the last time in June 1st 2022.